HomeMy WebLinkAbout13754RESOLUTION NO. 13754
A RESOLUTION APPROVING AND ADOPTING FINDINGS
AND DETERMINATIONS CONCERNING THE PROPOSED
ANNEXATION FOR THE AREA COMMONLY KNOWN AS
AIRPORT WEST ANNEXATION PHASE 3 DESCRIBED AS
157.013 ACRES OF LAND LOCATED WEST OF THE
PUEBLO AIRPORT INDUSTRIAL PARK AND SOUTH OF
PETE JIMENEZ BLVD
WHEREAS, the Pueblo City Council commenced on August 14, 2017 and
concluded a public hearing on August 14, 2017, for the purpose of determining and finding
whether or not the area proposed to be annexed and described in Resolution No. 13519
and the annexation plat (herein “area to be annexed”) meets the applicable requirements
of C.R.S. §31-12-104 and 105; and,
WHEREAS, the Pueblo City Council has now considered the testimony and
evidence presented at the public hearing including the annexation plat of the area to be
annexed, prepared and certified by Stewart L. Mapes, Jr. under the date of August 14,
2017; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The City Council hereby finds and determines that: (a) a petition has been received
for the annexation of the area to be annexed, and that such petition has been signed by
persons comprising more than fifty percent of the landowners in the area to be annexed
and owning more than fifty percent of the area to be annexed, excluding public streets
and alleys, and any land owned by the City of Pueblo, (b) the boundaries of the area to
be annexed do not divide into separate parts or parcels any land held in identical
ownership without the consent of the landowners as restricted and defined by C.R.S. §31-
12-105 (2)(a) the area to be annexed does not include, without the consent of the
landowners, land held in identical ownership comprising twenty (20) acres or more which,
together with the buildings and improvements situated thereon has an assessed value in
excess of $200,000 for ad valorem tax purposes for the year preceding the annexation,
(c) no annexation proceedings have been commenced for annexation to another
municipality of part or all of the area to be annexed, (d) the area to be annexed meets the
applicable requirements of C.R.S. §31-12-104 and 105, and (e) that a community of
interest exists between the area to be annexed and the City of Pueblo in that said area
is urban or will be urbanized in the near future, and that the area to be annexed is
integrated with or is capable of being integrated with the City of Pueblo.
SECTION 2.
The City Council hereby finds and determines that an annexation election under
C.R.S. §31-12-107 (2) is not required.
SECTION 3.
The City Council hereby finds and determines that other than those set forth in the
Petition for Annexation and Annexation Agreement no additional terms or conditions are
to be imposed upon the area to be annexed.
SECTION 4.
The City Council hereby finds and determines that not less than one-sixth of the
perimeter of the area to be annexed is contiguous with the existing boundaries of the City
of Pueblo, the annexation will not result in the extension of the City’s boundaries more
than three miles, the City has in place a plan for the area to be annexed complying with
the requirements of C.R.S. §31-12-105(1)(e)(I), and the entire width of all streets and
alleys to be annexed are included within the boundaries of the area to be annexed.
SECTION 5.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of the Resolution to effectuate the policies and
procedures described herein.
SECTION 6.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED: August 14, 2017
BY: Ed Brown
City Clerk’s Office Item # U-3
BACKGROUND PAPER FOR PROPOSED
RESOLUTION
COUNCIL MEETING DATE:
August 14, 2017
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Steven Meier, Director of Planning & Community Development
SUBJECT: A RESOLUTION APPROVING AND ADOPTING FINDINGS AND
DETERMINATIONS CONCERNING THE PROPOSED ANNEXATION
FOR THE AREA COMMONLY KNOWN AS AIRPORT WEST
ANNEXATION PHASE 3 DESCRIBED AS 157.013 ACRES OF LAND
LOCATED WEST OF THE PUEBLO AIRPORT INDUSTRIAL PARK AND
SOUTH OF PETE JIMENEZ BLVD
SUMMARY:
The proposed Resolution seeks City Council's adoption of certain findings and
determinations that the area commonly known as the Airport West Annexation Phase 3
meets the applicable requirements of Colorado Revised Statutes 31-12-104 and 105.
PREVIOUS COUNCIL ACTION:
On September 12, 2016 City Council approved a Resolution No. 13519 preliminarily
determining that the petition for annexation of the area commonly known as the Airport
West Annexation, Phase 2 is valid under the provisions of Colorado Revised Statutes
Section 31-12-107(1).
BACKGROUND:
The Airport West Annexation Phase 3 contains 157.01 acres west of the Pueblo Airport
Industrial Park and south of Pete Jimenez Blvd. The area to be annexed is located within
the boundaries of the City of Pueblo’s Master Annexation Plan. This Resolution
determines that the annexation is found and determined to meet the applicable
requirements of the Colorado Revised Statutes §31-12-104 and 105establishing eligibility
for annexation under the Municipal Annexation Act of 1965. The findings and
determination include:
1. The area proposed for annexation has at least one-sixth of its perimeter
boundary that is contiguous with the boundaries of the City of Pueblo.
2. A community of interest exists between the area to be annexed and the City of
Pueblo in that the area is urban or will be urbanized in the near future, and that
the area to be annexed is integrated with or is capable of being integrated with
the City of Pueblo.
3. The annexation petition contains signatures of 100% of the owners of the area
to be annexed into the City of Pueblo.
4. The boundaries of the area to be annexed do not divide any land held in identical
ownership into separate parts or parcels without the consent of the landowners.
5. The area to be annexed does not include, without the consent of the landowners,
land held in identical ownership comprising twenty (20) acres or more which,
together with the buildings and improvements situated thereon has an assessed
value in excess of $200,000 for ad valorem tax purposes for the year preceding
the annexation.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
The City Planning and Zoning Commission reviewed the annexation at the February 8,
2017 Regular Meeting. A motion to approve the proposed annexation was made by
Commissioner Lucas, seconded by Commissioner Webb with the following conditions of
approval:
1. The annexation plats for the three phases shall be approved by the Director of Public
Works.
2. An annexation agreement is approved and signed by all Petitioners and/or authorized
representatives.
3. In compliance with C.R.S.31-12-105\[1\]-\[e\], the City Council shall approve an update
to the three-mile annexation plan prior to any final approval of the annexation.
Motion passed 5-0 (Latka and Lujan-Slak absent).
All conditions have been complied with by the Petitioners and City Departments.
STAKEHOLDER PROCESS:
Annexation Impact Reports have been delivered to all taxing entities as required by
Colorado Revised Statutes.
ALTERNATIVES:
Deny the Resolution.
RECOMMENDATION:
Approval of the Resolution.
Attachments:
Airport West Annexation, Phase 3 Annexation Plat